What is the record of a defendant pleading guilty to a charge of assault with intent to pervert the course of justice?

California, United States of America


The following excerpt is from People v. Keen, H046654 (Cal. App. 2020):

This record does not " 'affirmatively show[ ]' that the defendant's waiver of constitutional rights was voluntary and intelligent." (People v. Farwell (2018) 5 Cal.5th 295, 306.) While this was not defendant's first experience with the criminal justice system, the record does not indicate whether any of his prior convictions were obtained by guilty plea or whether he admitted the prior prison term enhancement allegations in 2013. "Consequently, 'we cannot infer that he would have received advisements in his prior cases.' [Citation.]" (People v. Lloyd (2015) 236 Cal.App.4th 49, 60; cf. Mosby, supra, 33 Cal.4th at p. 365 [holding that totality of the circumstances showed defendant's prior conviction admission was voluntarily and intelligently despite absence of full

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